STATE EX REL. MITCHELL v. WALKER

No. 74-122.

294 So.2d 124 (1974)

STATE ex rel. Roney J. MITCHELL, Relator, v. Honorable David Seth WALKER, Circuit Judge, As Criminal Administrator of the Circuit Court of the Sixth Judicial Circuit of the State of Florida in and for Pinellas County, Respondent.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 21, 1974.


Attorney(s) appearing for the Case

Robert E. Jagger, Public Defender, and Raymond O. Gross, Asst. Public Defender, Clearwater, for relator.

Robert L. Shevin, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for respondent.


McNULTY, Judge.

This is an original proceeding in prohibition in which the relator raises double jeopardy. He was on trial before a jury for robbery and using a firearm in the commission of a felony when during said trial the court, on its own motion, granted a mistrial over relator's objection. The question before us is whether there was any legally sufficient reason therefor.

The state presented one witness during its case in chief, the testimony of one...

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